For the second time, the U.S. District Court in New York has upheld the right to publish surveys analyzing the prices of scientific journals. The decision is a significant confirmation of the legal protection given to a form of speech important to the scholarly community.
In 1986 and 1988, the American Institute of Physics (AIP) and The American Physical Society (APS) published the results of surveys that analyzed the comparative prices of physics journals. Journals published by AIP and APS scored near the top of the rankings, and several of Gordon & Breach's (G & B) journals scored at or near the bottom. G&B sued AIP and APS in New York and in Europe, claiming that the publication of the survey results constituted false or misleading advertising.